A Motion to Quash Service in a FED (Eviction) case, where Plaintiff failed to follow Rule 304 regarding proper service of a Complaint and Summons. While it may seem so, the Defendants were not married, nor were they otherwise related. As the Rule requires service in this instance separately on each, even had Plaintiff properly served one tenant, he did not properly serve the other.
A Writ of Restitution is a document that authorizes the U.S. Marshals Service to schedule an eviction of the tenant. After the Writ of Restitution is filed, the Clerk’s Office sends the writ to the U.S. Marshals Service. When a court orders restitution it orders the defendant to give up his/her gains to the claimant.